China’s major e-commerce platforms such as Tmall.com and JD.com have made cross-border shopping possible and popular for both consumers and vendors. Sellers outside China can now reach Chinese consumers through two main methods:
- Partnering with a local service provider in China to manage their online stores (the most common approach); or
- Operating their stores remotely from abroad (outside the Chinese mainland).
Products are shipped either directly from overseas or from a bonded warehouse within China, creating a seamless cross-border retail experience.
However, in recent years, many international vendors have been fined by local Administrations for Market Regulation for violating China’s strict advertising laws—particularly those in the nutraceutical and health supplement sectors.
Why Health Claims Can Get You in Trouble
In countries like Canada, all Natural Health Products approved by Health Canada can make health claims supported by their licence. For example, a licensed product in Canada may legally advertise benefits such as “supports immune function” or “helps maintain healthy bones.”
But Health Canada approval does not authorize you to make the same claims in China, even if you are selling through cross-border e-commerce. Claims that imply the prevention, treatment, or cure of diseases are strictly prohibited on Chinese platforms.
Key Legal Provisions
China’s Advertising Law of the People’s Republic of China (中华人民共和国广告法) clearly outlines these restrictions:
Article 17 – Except for advertisements related to medical services, medicines, and medical devices, no other advertisement may involve disease treatment functions, nor may medical terms or words that could confuse consumers with medical products be used.
Article 18 – Health food advertisements shall not contain the following:
- Assertions or guarantees of efficacy or safety;
- References to disease prevention or treatment functions;
- Claims or suggestions that the product is essential for health;
- Comparisons with medicines or other health foods;
- Use of celebrity endorsements or testimonials;
- Other content prohibited by laws or regulations.
Health food advertisements must prominently state:
本品不能代替药物 (“This product cannot replace medication.”)
“Blue Hat” Registration and Cross-Border E-Commerce
In China, 保健食品 (bao jian shi pin)—translated as health food or nutraceutical—is a regulated category, similar to natural health products in Canada.
To legally market and sell such products in China through general trade, each product must obtain a “Blue Hat” certification and be registered with the State Administration for Market Regulation.
However, many international brands choose to sell via cross-border e-commerce (CBEC) to avoid the lengthy and costly registration process. While CBEC allows you to ship directly to Chinese consumers without local registration, the functions and claims you can publicly make are extremely limited—regardless of what is printed on your packaging.
Companies have been penalized for making claims such as:
- “Helps prevent high blood pressure,”
- “Improves gum bleeding,” or
- “Has anti-oxidation effects.”
“Blue Hat” Registration and Cross-Border E-Commerce
For international nutraceutical and health supplement brands entering the Chinese market, understanding and complying with China’s advertising regulations is critical.
Even if your claims are legally approved in your home country, they may violate Chinese laws when displayed on e-commerce platforms or social media accessible to Chinese consumers.
To protect your brand and avoid fines, always:
- Consult a China-focused compliance expert before launching your online store on Chinese platforms.
- Avoid medical or therapeutic claims unless your product holds Blue Hat certification.
- Localize your marketing content to focus on general well-being rather than disease prevention or treatment.
Navigating China’s regulatory landscape can be challenging, but with the right guidance, your brand can grow safely and successfully in the world’s largest online marketplace.
